Structural Civil Penalty Notice of Proposed Action Model (NOPA)

Enclosed is a new model Notice of Proposed Action to be used when initiating an administrative civil penalty pursuant to Business and Professions Code section 8617, also known as the “SCP” or “Structural Civil Penalty” program.

It provides several statements to specifically address due process requirements:

• Right to Review Evidence
• Right to Request a Hearing
• How to Request a Hearing
• Failure to Request Hearing
• How to Stipulate
• Stipulation and Waiver to Order
• Appeal Information
• Factual Circumstances of Violations

It also provides options and other information:

• Stipulation and Waiver to Order and Acknowledgment of Receipt of Notice of Proposed Action
• Order (to fine)
• Order (to attend course of instruction)
• How to Take a Course in Lieu of Paying the Proposed Fine

Make this information available as soon as possible to your staff for use. You should forward it to any staff specifically assigned to performing structural enforcement activities and/or staff who type the Notice. The enclosure is provided in Word format for your convenience.

If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,